[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Rules and Regulations]
[Pages 48625-48626]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18177]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 12-92; RM-11650, RM-11679, DA 13-1567]
Radio Broadcasting Services; Centerville, Lovelady, Midway, and
Oakwood, Texas
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Media Bureau grants a Petition for Rule Making filed by
Katherine Pyeatt by allotting alternate FM Channel 251A at Midway,
Texas, and also grants a Counterproposal filed by Roy E. Henderson for
a new allotment on Channel 233A at Oakwood, Texas. Additionally, the
document clarifies the circumstances under which an otherwise timely
filed counterproposal in an FM allotment proceeding may be amended to
cure a conflict with a previously filed application. Finally, the
Bureau bifurcates two hybrid applications filed by Henderson from the
Counterproposal and will consider them at a later date. See
SUPPLEMENTARY INFORMATION.
DATES: Effective September 9, 2013.
ADDRESSES: Secretary, Federal Communications Commission, 445 12th
Street SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes or Rolanda F. Smith,
Media Bureau, (202) 418-2700.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MB Docket No. 12-92, adopted July 11, 2013, and
released July 12, 2013. See also Notice of Proposed Rule Making, 77 FR
25112, published April 27, 2012. The full text of this Commission
decision is available for inspection and copying during normal business
hours in the FCC's Reference Information Center at Portals II, CY-A257,
445 12th Street SW., Washington, DC 20554. This document may also be
purchased from the Commission's duplicating contractors, Best Copy and
Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, DC
20554, telephone 1-800-378-3160 or via email www.BCPIWEB.com. The
Commission will send a copy of this Report and Order in a report to
Congress and the Governmental Accountability Office, pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
This document does not contain proposed information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law
104-13. In addition, therefore, it does not contain any proposed
information collection burden ``for small business concerns with fewer
than 25 employees,'' pursuant to the Small Business Paperwork Relief
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
Provisions of the Regulatory Flexibility Act of l980 do not apply
to this proceeding.
Although Henderson's Counterproposal was timely filed on the
counterproposal deadline of May 29, 2012, a conflicting minor
modification application was filed on May 21, 2012. Under the Note to
Section 73.208(a)(3) of the Commission's Rules, if an otherwise timely
filed counterproposal is in conflict with a previously filed
application, the counterproposal can be considered if it is amended to
remove the conflict within 15 days from the date the counterproposal
appears on public notice. The Note also requires a counterproponent to
show that it could not have known of the pending conflicting FM
application by exercising due diligence. While Henderson submitted an
amendment to resolve the conflict within 15 days from the release of
the Public Notice accepting the counterproposal, the document explains
that the facts of this case present a close question as to whether the
necessary ``due diligence'' was exercised that would warrant acceptance
of the Amendment. Under these circumstances, the Bureau concludes that
the public interest is, on balance, better served by accepting
Henderson's amendment and resolving this case on section 307(b) grounds
than by basing its decision on a tenuous interpretation of the ``due
diligence'' requirement of the rule.
The Bureau also clarifies how it will handle similar matters on a
going-forward basis. First, the Bureau clarifies that prospective
counterproponents in FM allotment rule making proceedings are required
to take into account all FM application filings ``released'' by
Broadcast Actions Public Notices more than 15 days from the
counterproposal deadline. Unacceptable counterproposals under this fact
scenario will be dismissed. Second, applicants are required to confirm
the acceptability of their engineering no more than five business days
prior to the counterproposal deadline. If changes to the Commission's
database occur between 5 and 15 days from the counterproposal deadline
and result in a conflict, the counterproposal must note the conflict
and must request release of a Public Notice starting a 15-day cure
period. Failure to note a conflict under these circumstances results in
dismissal of the counterproposal. Third, the Bureau clarifies that
conflicting applications announced by Broadcast Actions Public Notices
less than five business days from the counterproposal deadline do not
have to be noted or accounted for in an otherwise timely filed
counterproposal. Under these circumstances, we will issue a Public
Notice, and counterproponents will have 15 days to resolve the
conflict.
The reference coordinates for Channel 251A at Midway, Texas, are
31-03-40 NL and 95-45-00 WL. The reference coordinates for Channel 233A
at Oakwood, Texas, are 31-39-42 NL and 95-52-53 WL. Further, the use of
alternate Channel 251A at Midway eliminates the need for a related
channel substitution at Centerville as proposed in the Notice.
Likewise, Henderson's Amendment to his Counterproposal eliminates the
need for the substitution of Channel 232A for vacant Channel 288A at
Lovelady because it proposes to change the reference coordinates for
Channel 288A at Lovelady in order to accommodate one of the ``hybrid''
applications. This aspect of the Counterproposal will be considered at
a later date along with these non-mutually exclusive applications (File
Nos. BPH-20120529ADK and BPH-20120529ADI).
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media Bureau.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 73 as follows:
PART 73--RADIO BROADCAST SERVICES
0
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336 and 339.
[[Page 48626]]
Sec. 73.202 [Amended]
0
2. Section 73.202(b), the Table of FM Allotments under Texas, is
amended by adding Midway, Channel 251A, and Oakwood, Channel 233A.
[FR Doc. 2013-18177 Filed 8-8-13; 8:45 am]
BILLING CODE 6712-01-P